1 COVID-19 MANDATORY MASKING – LEGISLATION CITED 1. COVID-19 - Face Coverings Bylaw (Calgary) – Excerpt......................................................................................1 2. CMOH Order 38-2020 – sections 26 and 27..........................................................................................................1 3. Alberta Human Rights Act, RSA 2000, c A-25.5 – sections 1(1), 3 and 4............................................................2 4. Trespass to Premises Act, RSA 2000, c T-7 – section 8...........................................................................................3 5. Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39 (CanLII), [2015] 2 SCR 789 – paragraph 30.................................3 COVID-19 - Face Coverings Bylaw (Calgary) The Face Coverings Bylaw includes exceptions: • Children under 2 years of age • People with underlying medical conditions or disabilities inhibiting their ability to wear a face covering • People who are unable to place, use or remove a face covering safely without assistance • People who are eating or drinking at a public premises that offers food or beverage services • People engaging in an athletic or fitness activity • People who are caregiving for or accompanying a person with a disability where wearing a face covering would hinder the accommodation of the person’s disability (for example, the ability to lip read) • People who have temporarily removed their face covering where doing so is necessary to provide or receive a service (for example, a visit to the dentist) Please note: Proof is not required if someone has an exception. Businesses are also not expected to deny services as not everyone is required to wear a face covering. CMOH Order 38-2020 26. Subject to section 27 of this Order, a person must wear a face mask at all times while attending an indoor public place. For greater certainty, an indoor public place includes any indoor location where a business or entity is operating. 27. Section 26 does not apply to a person attending an indoor public place if the person: (a) is a child under two years of age; (b) is unable to place, use or remove a face mask without assistance; (c) is unable to wear a face mask due to a mental or physical concern or limitation; (d) is consuming food or drink; (e) is engaging in physical exercise; 2 (f) is providing or receiving care or assistance where a face mask would hinder that caregiving or assistance; (g) is alone at a workstation and separated by at least 2 metres distance from all other persons; (h) is the subject of a workplace hazard assessment in which it is determined that the person's safety will be at risk if the person wears a mask while working; (i) is separated from every other person by a physical barrier that prevents droplet transmission; or (j) is a person who needs to temporarily remove their face mask while in the public place for the purposes of i. receiving a service that requires the temporary removal of their face mask, ii. an emergency or medical purpose, or iii. establishing their identity. Alberta Human Rights Act, RSA 2000, c A-25.5 Effect of Act on provincial laws 1(1) Unless it is expressly declared by an Act of the Legislature that it operates notwithstanding this Act, every law of Alberta is inoperative to the extent that it authorizes or requires the doing of anything prohibited by this Act. Code of Conduct Discrimination re publications, notices 3(1) No person shall publish, issue or display or cause to be published, issued or displayed before the public any statement, publication, notice, sign, symbol, emblem or other representation that (a) indicates discrimination or an intention to discriminate against a person or a class of persons, or (b) is likely to expose a person or a class of persons to hatred or contempt because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or class of persons. (2) Nothing in this section shall be deemed to interfere with the free expression of opinion on any subject. (3) Subsection (1) does not apply to (a) the display of a notice, sign, symbol, emblem or other representation displayed to 3 identify facilities customarily used by one gender, (b) the display or publication by or on behalf of an organization that (i) is composed exclusively or primarily of persons having the same political or religious beliefs, ancestry or place of origin, and (ii) is not operated for private profit, of a statement, publication, notice, sign, symbol, emblem or other representation indicating a purpose or membership qualification of the organization, or (c) the display or publication of a form of application or an advertisement that may be used, circulated or published pursuant to section 8(2), if the statement, publication, notice, sign, symbol, emblem or other representation is not derogatory, offensive or otherwise improper. Discrimination re goods, services, accommodation, facilities 4 No person shall (a) deny to any person or class of persons any goods, services, accommodation or facilities that are customarily available to the public, or (b) discriminate against any person or class of persons with respect to any goods, services, accommodation or facilities that are customarily available to the public, because of the race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation of that person or class of persons or of any other person or class of persons. Trespass to Premises Act, RSA 2000, c T-7 Exception 8 Nothing in this Act extends to a case where the trespasser acted under a fair and reasonable supposition that the trespasser had a right to do the act complained of. Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc. (Bombardier Aerospace Training Center), 2015 SCC 39 (CanLII), [2015] 2 SCR 789 [30] This Court has confirmed that the Charter [[[Quebec human rights legislation]]], like the human rights legislation of the other provinces, has a special quasi-constitutional status: Béliveau St-Jacques v. Fédération des employées et employés de services publics inc., 1996 CanLII 208 (SCC), [1996] 2 S.C.R. 345, at p. 402, reproduced in Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Montréal (City), 2000 SCC 27, [2000] 1 S.C.R. 665 (“City of Montréal”), at para. 28; see also de Montigny v. Brossard 4 (Succession), 2010 SCC 51, [2010] 3 S.C.R. 64, at para. 45. Indeed, unless otherwise provided, ss. 1 to 38 of the Charter prevail over other Quebec statutes: s. 52 of the Charter. Furthermore, s. 53 of the Charter provides that, “[i]f any doubt arises in the interpretation of a provision of the Act, it shall be resolved in keeping with the intent of the Charter.”
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